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Civil Liberties and Constitutional Rights

Case Summary: Fourth Circuit Upholds Terrorism Watchlist Database

On March 30, the U.S. Court of Appeals for the Fourth Circuit in El-Hady v. Kable upheld the constitutionality of the Terrorism Screening Database (TSDB), a watchlist maintained by the FBI that currently contains the names of more than 1 million “known or suspected terrorists.” With this ruling the Fourth Circuit joins the Sixth and Tenth Circuits, both of which have upheld the constitutionality of such terrorism watchlists in recent years. 

 

Podcasts

The Lawfare Podcast: A TikTok Tick Tock

TikTok has rapidly become one of the most popular apps for teenagers across the world for dancing, lip-syncing and sharing details about their lives. But if you cast your mind back to last year—specifically, August 2020—you may recall that the app’s future in the United States suddenly fell into doubt. The Trump administration began arguing that the app’s ownership by the Chinese company ByteDance raised problems of national security for the United States. ByteDance was ordered to divest from TikTok, and the app, along with the popular China-based chat app WeChat, faced U.S. sanctions.

Military Justice

The Military Justice Improvement and Increasing Prevention Act: Are the Solutions Commensurate with the Problem?

The bill in its current form reshapes military justice far beyond the context of sexual assault. Congress should take care to fashion a solution commensurate with the problem at hand, and not go too far. 

Podcasts

The Lawfare Podcast: Rep. Seth Moulton and Matt Zeller on Securing Visas for U.S. Partners in Afghanistan

The United States is quickly approaching its September deadline for a full military withdrawal from Afghanistan. As the U.S. completes its withdrawal, many Afghans who partnered with the U.S., serving as translators and interpreters, face the danger of severe retribution from the Taliban.

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